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Archives / 2016 / February
  • The continued holiday pay saga: Commission

    Tags: Holiday Pay, Employment Tribunal, Employment

    The Employment Appeal Tribunal has confirmed in the long-running case of Lock v British Gas Trading Ltd, which was first brought to tribunal in April 2012 that employers will have to pay commission as part of holiday pay.

    You may all recall (or not) the case involved a salesman, Mr Lock, whose pay was split into basic salary and commission. The commission was naturally based on the number of sales achieved which varied each month. Mr Lock had taken two weeks annual leave in December 2011 and so was not able to conclude any sales during that time. When it came for his holiday pay calculation to be made, his employer only took his basic salary into account.

    Mr Lock argued that this was a discouragement to taking annual leave and thus lodged a claim with an employment tribunal, which … more

  • Two Easter Bank Holidays in One Leave Year

    Tags: Holiday Pay, Employment Law, Employment Tribunal

    Employees are entitled to a minimum of 5.6 weeks’ annual leave under the Working Time Regulations (WTR). For those working a 5 day week they will be entitled 28 days’ leave per year, which can include bank holidays, of which there are usually eight per year.

    If employers have worded contracts entitling employees to “20 days’ holiday plus bank holidays”, this could lead to one of two problems, where the holiday year runs from 1 April until 31 March. Either employees receive more bank holidays than their contractual entitlement or less than the statutory minimum.

    To illustrate this point, this year the Easter Bank Holidays are on 25 and 28 March and last year it was on the 3 and 6 April, meaning that within one holiday year there are two Easter breaks. This … more

  • 10 Things To Do When Your Employee Tells You She Is Pregnant

    Tags: Pregnancy Discrimination, Pregnancy Harassment, Pregnancy Victimisation, Employment Law, Employment Tribunal, UKEmpLaw

    Your employee announces that she is pregnant, after congratulating her, you wonder what your legal obligations are. Well wonder no further, here are ten things you must do to avoid any pregnancy discrimination allegations.  

    1.    Comply with any company policies relating to pregnancy.

    2.    Carry out a risk assessment to ascertain any risks to your employee’s health and safety or that of her child. Risks could be caused by: heavy lifting or carrying; standing or sitting for long periods without adequate breaks; exposure to toxic substances; or long working hours. If risks have been identified you must take reasonable steps to remove them or make alternative arrangements.

    3.    Allow paid time off to attend ante-natal … more

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  • Understanding Your Legal Rights When an Employee Leaves

    Tags: Notice, Garden Leave, Payment, Company Property, Training Costs, Restrictive Covenants, Exit, Resignation, Employer, Employee, Employment Law, UKEmpLaw

    When an employee leaves, the focus is often on their entitlements. But what are your rights as an employer and what practical steps can you take to ensure a smooth exit? 

    Giving Notice 

    When it comes to employees giving notice, there are several key areas to note. Employers do not have to ‘accept’ a resignation – it is a unilateral act. Equally, they do not have to accept a retraction of notice, unless it was given in the heat of the moment, or the employee was unwell.

    Employees must give at least a weeks’ notice once they have been employed for more than a month. However, longer notice is usually set out in the employment contract.

    If the employee starts work for someone else in their notice period, it is possible to obtain an injunction to prevent … more

    

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